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(영문) 대전지방법원 2014.06.24 2014고단186
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant made a false statement to the effect that “The Defendant shall pay KRW 27.7 million each month from February 25, 2013 to January 25, 2016, to 816,583 each month from February 25, 2013 to January 25, 2016,” to an employee of Hyundai Capital Co., Ltd. (hereinafter referred to as “victim”) under his/her name-free representative in the Hyundai Motor Vehicle Oral Agency in Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as “victim”).

However, in fact, even if the Defendant purchased the above vehicle with the above loan, he was immediately disposed of to the middle and high-tier trader and tried to use the sales proceeds individually, and there was no intention or ability to repay the loan by the above means, such as there was a debt of about KRW 300 million at the time.

Accordingly, the Defendant, by deceiving the above employees as above, received money of KRW 27.7 million in the name of loans for purchasing vehicles from the victimized company on the same day, from the Hyundai Motor Vehicle OIE account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It shall be decided as per the disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, taking into account the fact that the suspension of execution (such as agreed with the victim and his depth

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